Beeler v. Lind

The opinion of the court was delivered by

Mason, J.:

On October 23, 1922, C. W. Beeler sold to E. D. Sway-ze 933 steers for $47,910, taking a chattel mortgage on them for the full amount. On February 18, 1923, Swayze sold 300 head *663of cattle to John Lind and W. H. Hyle, of which Lind took 100 head and Hyle 200, paying in proportion. Of these cattle sold by Swayze 285 were covered by Beeler’s mortgage. Swayze told Beeler the number covered by his mortgage was about 200. Swayze turned over to Beeler a check given him by Hyle for $10,748, and gave him, to make up for the 200 head sold, on a…